Chapter 518

Section 518.167

Subdivision 1. Court order. In contested custody
proceedings, and in other custody proceedings if a parent or the
child's custodian requests, the court may order an investigation
and report concerning custodial arrangements for the child. The
investigation and report may be made by the county welfare
agency or department of court services.

Subd. 2. Preparation. (a) In preparing a report
concerning a child, the investigator may consult any person who
may have information about the child and the potential custodial
arrangements except for persons involved in mediation efforts
between the parties. Mediation personnel may disclose to
investigators and evaluators information collected during
mediation only if agreed to in writing by all parties. Upon
order of the court, the investigator may refer the child to
professional personnel for diagnosis. The investigator may
consult with and obtain information from medical, psychiatric,
school personnel, or other expert persons who have served the
child in the past after obtaining the consent of the parents or
the child's custodian or guardian.

(b) The report submitted by the investigator must consider
and evaluate the factors in section 518.17, subdivision 1, and
include a detailed analysis of all information considered for
each factor. If joint custody is contemplated or sought, the
report must consider and evaluate the factors in section 518.17,
subdivision 2, state the position of each party and the
investigator's recommendation and the reason for the
recommendation, and reference established means for dispute
resolution between the parties.

Subd. 3. Availability to counsel. The court shall
mail the investigator's report to counsel and to any party not
represented by counsel at least ten days before the hearing.
The investigator shall maintain and, upon request, make
available to counsel and to a party not represented by counsel
the investigator's file of underlying data and reports, complete
texts of diagnostic reports made to the investigator pursuant to
the provisions of subdivision 2, and the names and addresses of
all persons whom the investigator has consulted. The
investigator and any person the investigator has consulted is
subject to other pretrial discovery in accordance with the
requirements of the Minnesota Rules of Civil Procedure.
Mediation proceedings are not subject to discovery without
written consent of both parties. A party to the proceeding may
call the investigator and any person whom the investigator has
consulted for cross-examination at the hearing. A party may not
waive the right of cross-examination before the hearing.

Subd. 4. Use at hearing. The investigator's report
may be received in evidence at the hearing.

Subd. 5. Costs. The court shall order all or part of
the cost of the investigation and report to be paid by either or
both parties, based on their ability to pay. Any part of the
cost that the court finds the parties are incapable of paying
must be borne by the county welfare agency or department of
court services that performs the investigation. The court may
not order costs under this subdivision to be paid by a party
receiving public assistance or legal assistance from a qualified
legal services program or by a party whose annual income falls
below the poverty line under United States Code, title 42,
section 9902(2).